Do I file as "Married" or not yet?

[missyk 0]

Hey All

Quick question. I think I know the answer but I want to get your guy's opinion.

My wife and I got married on May 1. We are in process in sending out our AOS.

Anyhow in my W-4 Taxes do I put down as Married or not yet? I did notice that I still claim single because my spouse is a non-residential alien still. I guess when we get the AOS, I change to married. Please advise.

Thanks

[YuAndDan 153]

You can indicated "Married" on the W4, spouse dose not need a green-card for you to claim that.

If spouse entered USA on a K-1, they can apply for a SSN within 76 days or so of entry.

[missyk 0]

You can indicated "Married" on the W4, spouse dose not need a green-card for you to claim that.

If spouse entered USA on a K-1, they can apply for a SSN within 76 days or so of entry.

Thanks. On my W-4 page here at work, it states: Note: If married, but legally separated, or spouse is a nonresident alien, select 'Single' status.

So I can just be single for now until my spouse become a resident alien.

My spouse is in K-1 status does that mean she is a resident alien?

O

[YuAndDan 153]

You can indicated "Married" on the W4, spouse dose not need a green-card for you to claim that.

If spouse entered USA on a K-1, they can apply for a SSN within 76 days or so of entry.

Thanks. On my W-4 page here at work, it states: Note: If married, but legally separated, or spouse is a nonresident alien, select 'Single' status.

So I can just be single for now until my spouse become a resident alien.

My spouse is in K-1 status does that mean she is a resident alien?

O

Non-Resident until has green-card and then resident.

[missyk 0]

You can indicated "Married" on the W4, spouse dose not need a green-card for you to claim that.

If spouse entered USA on a K-1, they can apply for a SSN within 76 days or so of entry.

Thanks. On my W-4 page here at work, it states: Note: If married, but legally separated, or spouse is a nonresident alien, select 'Single' status.

So I can just be single for now until my spouse become a resident alien.

My spouse is in K-1 status does that mean she is a resident alien?

O

Non-Resident until has green-card and then resident.

I just found more info. My spouse been living here for 2 years dude to her K-1 visa.

To be classified as a resident alien, the individual must meet one of two tests:

1. Green Card Test

A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the immigration laws, of residing permanently as an immigrant. This status usually exists if the Bureau of Citizenship and Immigration Services has issued a green card.

2. Substantial Presence Test

A non-resident alien is classified as a resident alien for tax purposes if they were physically present in the U.S. for 31 days during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that.

Definition of Non-resident Alien

If a person does not meet either the Green Card or Substantial Presence Test, then that person is classified as a non-resident alien.

* A new arrival on a J-1 or F-1 visa is generally a non-resident alien.

Non-resident aliens are taxed only on their income from sources within the U.S. and on certain income connected with the conduct of a trade or business in the U.S.

[SP&JM 0]

You can indicated "Married" on the W4, spouse dose not need a green-card for you to claim that.

If spouse entered USA on a K-1, they can apply for a SSN within 76 days or so of entry.

Thanks. On my W-4 page here at work, it states: Note: If married, but legally separated, or spouse is a nonresident alien, select 'Single' status.

So I can just be single for now until my spouse become a resident alien.

My spouse is in K-1 status does that mean she is a resident alien?

O

I ran into the same thing. I think it has more to do with exemptions than anything else...so I'm single on my W-4 and I filed as married filing single for taxes (I don't care if USCIS doesn't like it, I was only here 5 months last year and didn't earn any money and don't want to try to figure out the tax mess before I HAVE to).

Since claiming less exemptions means less money is withheld, it won't come back and bite you later when you go to file taxes.

If you REALLY wanted to include her you can get a tax number (ITN?) that acts like a social security number for tax purposes but is useless beyond that (can't use it to apply for credit or get work authorization).

Maybe i'm not the best person to answer since I haven't received NOA2 and who knows what'll happen...but I did have the same situation as you and, per the directions, marked single.

But, huh? Your Wife is there on a K-1 visa for 2 years? Did she come as your fiancee and then you married? You should have adjusted status by now and she should be able to get a SS#. If she's been there 2 years, she isn't recently arrived.

[YuAndDan 153]

But, huh? Your Wife is there on a K-1 visa for 2 years? Did she come as your fiancee and then you married? You should have adjusted status by now and she should be able to get a SS#. If she's been there 2 years, she isn't recently arrived.

Then she meets the substantial presence criteria, however is she does not have SSN she cannot get one until she has EAD or Green-card.

If she entered on a K-1 you should have filed for adjustment and got green-card by now. If not filed for AOS yet she cannot leave the USA even with AP document, she has accumulated more than enough out of status presence to get bared from re-entry. Not filing for AOS and remain in USA "Out of Status" runs the risk of being detained by a border patrol officer if you encounter one, the officer can detain the out of status person.

[imaisha 0]

the irs told me that it doesn't matter what you put on the w-4 because it's just for your employer's records. they use it to determine the witholdings in your paycheck. if you choose to file differently in april when you submit your returns then you'll get the difference back (or owe the difference as the case may be).

[missyk 0]

I ran into the same thing. I think it has more to do with exemptions than anything else...so I'm single on my W-4 and I filed as married filing single for taxes (I don't care if USCIS doesn't like it, I was only here 5 months last year and didn't earn any money and don't want to try to figure out the tax mess before I HAVE to).

Since claiming less exemptions means less money is withheld, it won't come back and bite you later when you go to file taxes.

If you REALLY wanted to include her you can get a tax number (ITN?) that acts like a social security number for tax purposes but is useless beyond that (can't use it to apply for credit or get work authorization).

Maybe i'm not the best person to answer since I haven't received NOA2 and who knows what'll happen...but I did have the same situation as you and, per the directions, marked single.

But, huh? Your Wife is there on a K-1 visa for 2 years? Did she come as your fiancee and then you married? You should have adjusted status by now and she should be able to get a SS#. If she's been there 2 years, she isn't recently arrived.

Ooops. My mistake. My wife came here to the US through a J-1 later on it was converted to a F-1. She never had a K-1. My bad. (I always get confused with these letters)

Anyhow I will be putting myself as "Married" Status since she fulfills Substantial Presence Test. She pretty much been here for 2 years & 4 months. My firend who is a CPA tells me the IRS checks your status on Dec 31 of the year. Also my wife has a social security number. So pretty much she is a resident.

Thanks for all the help.